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By:  Staples                                                      S.B. No. 1831

A BILL TO BE ENTITLED
AN ACT
relating to required activities and limits on the amounts of state financial assistance for which regional planning commissions may be eligible. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 391.012, Local Government Code, is amended to read as follows: Sec. 391.012. STATE FINANCIAL ASSISTANCE. (a) To qualify for state financial assistance, a commission must: (1) have funds available annually from sources other than federal or state governments equal to or greater than half of the state financial assistance for which the commission applies; (2) comply with the regulations of the agency responsible for administering this chapter; (3) offer membership in the commission to all counties and municipalities included in the state planning region [or subregion]; (4) include any combination of counties or municipalities having a combined population equal to or greater than 60 percent of the population of the state planning region [or subregion]; (5) include at least one full county; (6) encompass an area that is economically and geographically interrelated and forms a logical planning region; and (7) be engaged in a regional [comprehensive development] planning process. (b) Within funds available and in accordance with rules issued by the office of the governor, a commission may use state financial assistance to: (1) promote intergovernmental cooperation by coordinating regional plans and programs with member governments, nonmember governments, state agencies which impact the region, and, where state agencies have regional office structures, state agency regional offices; (2) function as a regional review agency under the Texas Review and Comment System pursuant to state and federal statutes and regulations; (3) leverage commission dues, local funds, and state funds to obtain maximum federal funding assistance and private funding for the state and the region; (4) provide assistance to local governments; (5) assist state agencies and organizations in developing local and regional input for state plans; in planning for the successful implementation of state programs at the regional level as required in Section 391.009, Subsection (c; in preparing for and conducting state-sponsored hearings and public meetings; and in disseminating state-generated information and educational materials; and (6) provide assistance to state agencies and organizations in developing, implementing, and assessing state programs and services within the region as needed [A comprehensive development planning process must assess the needs and resources of a region, formulate goals, objectives, policies and standards to guide the long-range physical, economic, and human resource development of a region, and prepare plans and programs that: [(1) identify alternative courses of action and the special and functional relationships among the activities to be carried out; [(2) specify the appropriate ordering in time of activities; [(3) take into account other relevant factors affecting the achievement of the desired development of the region; [(4) provide an overall framework and guide for the preparation of function and project development plans; [(5) make recommendations for long-range programming and financing of capital projects and facilities that are of mutual concern to two or more participating governmental units; and [(6) make other appropriate recommendations]. (c) A commission that qualifies for state financial assistance is eligible annually for an [maximum] amount determined as follows [of]: (1) [$10,000 base grant; (2) an additional] $1,000 for each dues-paying member county; [and] (2) [(3)] an additional 10 cents per capita for the population of dues-paying member counties and municipalities; and (3) the amount necessary to assure that the total amount available to the commission is no less than $50,000. (d) If state appropriations are more than the amount necessary to fund the level of financial assistance generated by this formula, the governor shall increase the funding for which each commission is eligible in proportion to the amount it would have been eligible to receive in subsection (c) [The minimum amount of annual state financial assistance for which a commission may apply is $15,000]. (e) If state appropriations are less than the amount necessary to fund the level of financial assistance generated by the formula in subsection (c) above: (1) No commission shall receive less than annual financial assistance of $50,000, as long as financial assistance available to all commissions remains at or above the level of assistance allocated in fiscal year 2003. (2) If available annual financial assistance is less than the amount allocated in fiscal year 2003, then assistance to all commissions shall be reduced proportionally from the assistance they would have received at the fiscal year 2003 funding level. (f) For the purposes of this section, the population of a county is the population outside all dues-paying member municipalities. SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2003.